ARTICLE 19 strongly condemns the Slovak government’s plans to restrict the right of access to information in the country. Proposal to charge fees for responding to some access to information requests and introducing the concept of ‘limited information’ would create significant barriers for individuals, journalists, and civil society to hold the government accountable and participate in public affairs. These regressive measures go against international and European standards and contradict the principles of transparency and open government that Slovakia has committed to as an EU member state.
ARTICLE 19 is seriously concerned about two recent legislative proposals by the Slovak government that threaten to seriously undermine the protection of freedom of information in Slovakia.
The first proposal, currently pending in Slovakia’s parliament, would amend the Freedom of Information Law (the Law) and would introduce fees for making access to information requests. If approved, under the new Article 21 of the Law, public bodies could demand additional payments for multiple requests by the same person within 30 days, involving ‘exceptionally extensive search for information’ and delivery costs. Under the new Article 14 of the law, the requester would have 7 days to pay the fee and the public body would be allowed to postpone responding to the request until payment is received.
The second proposal – the Law on Critical Infrastructure, put forward by the Ministry of Interior, indirectly amends the Law on the Protection of Classified Information. It introduces a new concept of ‘restricted information’. It stipulates that any information that relates to the organisation or activity of a public authority and the disclosure of which could undermine the activity or credibility of that public authority, or any fact which, in view of the interest of the Slovak Republic or other important interest, needs to be protected against unauthorised manipulation, and which has been determined by the public authority pursuant to a special regulation, may be designated as limited information. This means that the public authorities could designate any information as ‘restricted information’ and thus would not have to disclose it under the Freedom of Information Law.
ARTICLE 19 warns that these proposals go against Slovakia obligations under international and regional standards on freedom of expression and information. We note that under these standards:
- A key tenet in international law regarding the right to information is that information held by public authorities fundamentally belongs to the people, not to the authorities themselves. This principle underpins the entire concept of freedom of information and shapes how fees should be approached. The cost of accessing information should not prevent individuals from obtaining information of public interest. Access to information laws should ensure that information is provided at no or minimal cost, limited to actual reproduction and delivery costs. Costs should be waived or reduced for requests related to personal information, public interest, or for those with incomes below the national poverty line. If passed into the law, the Slovak proposal could deter public watchdogs like journalists and researchers that use requests for their work and hinder their ability to hold the government to account.
- Any interference with the right to information, including restrictions, must be necessary and proportionate to a legitimate aim. Overly broad restrictions may fail to meet this standard. Restrictions should be the exception rather than the rule, and maximum disclosure of information should be the default position for governments and public bodies.
ARTICLE 19 calls on Slovak government to immediately withdraw these proposals and fulfil its international obligations to uphold the right to freedom of expression and information.
We also urge the international community, particularly the European Union, to continue closely monitor the actions of the Slovak government to restrict freedom of expression, freedom of information, media freedom and other human rights. It should take appropriate action to ensure that Slovakia maintains its democratic commitments and protects the fundamental freedoms, including right to freedom of information.